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Sunday, June 22, 1913

Famous Lawyer Says He Wouldn't Defend Man Accused of Such Crime Unless Sure of His Innocence

SCORES CITY DETECTIVES FOR HOLDING TO THEORY

Mr. Arnold Says Detectives Have Tried to Prejudice the Case by Unfair Means—Has Studied Evidence

Reuben R. Arnold, famous Georgia lawyer, has officially entered the Phagan case in the defense of Leo M. Frank, as exclusively forecasted by The Journal last Thursday.

Mr. Arnold comes into the case with a ringing statement declaring his firm belief in the innocence of his client, and asserting that he would never defend a person charged with such an atrocious crime if he were not fully convinced of his innocence. Mr. Arnold says that he has reached the conclusion that there is no room to believe Frank guilty, after carefully studying the evidence in the case.

Mr. Arnold declares that it is surprising that the detectives should continue to put the crime on Frank with the incriminating statements of Conley before them. He scores the detectives because of the publication of the Formby affidavit, declaring that by this and other means they have done Frank a great injustice.

With Mr. Arnold and Luther Z. Rosser working in his behalf a great legal battle is made a certainty when Frank faces a jury in the criminal division of the superior court. Solicitor Hugh M. Dorsey and Frank A. Hooper, who is associated with him, will have charge of the state's case. Lawyers and court attaches predict the most brilliant legal battle ever known in a criminal case in this state.

The date of the trial is still a matter of interesting conjectures, although it may be settled Monday after the return of Solicitor Dorsey to the city.

Mr. Dorsey still expects to set the trial of the case on the court calendar for June 30, but any number of things may interfere. An attorney associated with the defense stated Saturday afternoon that he knew of no reason why there should be a postponement, but would make no more definite statement.

While they know nothing definite it is the opinion of court attaches that the trial of the case will not be reached before July 14 or July 28, and their guess is generally expected to prove correct.

In a statement which he gave the public Mr. Arnold, who has been long regarded as one of the ablest criminal lawyers in the south, intimated that he is thoroughly familiar with all phases of the case, and as a result it is not considered probable that a postponement will be asked on his account.

"It is true that I have accepted employment to assist in the defense of Mr. Leo M. Frank, but I wish to state that before I agreed to take the case, I made it a condition that I should have time to study critically all the evidence delivered at the coroner's inquest and all the affidavits that have reached the public through the newspapers, so I could form an opinion for myself as to Frank's innocence or guilt. I would not defend any man if guilty of such a murder as the one in this case.

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00:00Arnold declares Frank innocent and enters case. The Atlanta Journal, Sunday, June 22, 1913.
00:06Famous lawyer says he wouldn't defend man accused of such crime unless sure of his innocence scores.
00:12City detectives for holding to theory. Mr. Arnold says detectives have tried to prejudice the case
00:17by unfair means. Has studied evidence. Ruben R. Arnold, famous Georgia lawyer, has officially
00:23entered the Fagan case in the defense of Leo M. Frank, as exclusively forecasted by the journal
00:28last Thursday. Mr. Arnold comes into the case with a ringing statement declaring his firm belief in
00:34the innocence of his client and asserting that he would never defend a person charged with such an
00:38atrocious crime if he were not fully convinced of his innocence. Mr. Arnold says that he has reached
00:43the conclusion that there is no room to believe Frank guilty after carefully studying the evidence
00:48in the case. Mr. Arnold declares that it is surprising that the detectives should continue to put the
00:54crime on Frank with the incriminating statements of Conley before them. He scores the detectives
01:00because of the publication of the Form B affidavit, declaring that by this and other means they have
01:05done Frank a great injustice. With Mr. Arnold and Luther Z. Rosser working in his behalf, a great legal
01:11battle is made a certainty when Frank faces a jury in the criminal division of the Superior Court.
01:17Solicitor Hugh M. Dorsey and Frank A. Hooper, who is associated with him, will have charge of the
01:23state's case. Lawyers and court attachés predict the most brilliant legal battle ever known in a
01:29criminal case in this state. The date of the trial is still a matter of interesting conjectures,
01:34although it may be settled Monday after the return of Solicitor Dorsey to the city.
01:38Mr. Dorsey still expects to set the trial of the case on the court calendar for June 30th,
01:43but any number of things may interfere. An attorney associated with the defense stated Saturday
01:49afternoon that he knew of no reason why there should be a postponement, but would make no more
01:54definite statement. While they know nothing definite, it is the opinion of court attachés that
01:59the trial of the case will not be reached before July 14th or July 28th, and their guess is generally
02:05expected to prove correct. In a statement which he gave the public, Mr. Arnold, who has been long regarded
02:12as one of the ablest criminal lawyers in the South, intimated that he is thoroughly familiar with all
02:17phases of the case, and as a result it is not considered probable that a postponement will
02:22be asked on his account. It is true that I have accepted employment to assist in the defense of
02:28Mr. Leo M. Frank, but I wish to state that before I agreed to take the case, I made it
02:33a condition that
02:34I should have time to study critically all the evidence delivered at the coroner's inquest, and all
02:40the affidavits that have reached the public through the newspapers, so I could form an opinion for
02:45myself as to Frank's innocence or guilt. I would not defend any man if guilty of such a murder as
02:50the one in this case. After studying the evidence as critically as I can, I am satisfied that I hazard
02:56not a thing in saying that there is no room to believe Mr. Frank guilty of this horrible murder.
03:01I do not believe that any white man committed the crime. Indeed, it is surprising to me that the
03:06detectives should continue to try to put this crime on Frank with the positively incriminating
03:11affidavits of Conley before them. People of common sense, unless under great excitement,
03:16ought not to give a moment's credence to either the Formby or Conley statements insofar as they
03:21attempt to incriminate Mr. Frank. I see the detectives are gradually giving it out that
03:26Mrs. Formby will not be called as a witness, although her affidavit has been paraded before
03:31the public before the unqualified endorsement of the detective department as being perfectly reliable
03:36and true. Worse than this, as intimation was published in the newspapers that Frank's friends
03:42had persuaded her to leave town. In this and in many other ways, our client has been done a very
03:47great injustice. The effort seems to have been not to find the criminal, but to try by all means to
03:53put the crime on Frank. However, I think we will be able to clarify the situation in due time.
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